LRC backs appeal system for lenient sentences

CONVICTED offenders who escape custodial sentences for road traffic, public order or child pornography offences may face tougher penalties on appeal if new powers are granted to prosecuting lawyers.

The Law Reform Commission (LRC) has recommended the introduction of a system to allow unduly lenient sentences at district court level be appealed to the circuit court by State prosecutors.

If enacted, offenders who have benefited from the Probation Act or a community service order could face the prospect of a jail sentence or a hefty fine.

The recommendation follow concerns about inconsistencies in the way sentences are determined at district court level. Following the conviction of chef Tim Allen in 2003 for possession of child pornography, where the sentence comprised 240 hours of community service and a €40,000 donation to a child welfare charity, calls were made for a more structured approach to sentencing.

The LRC paper recognises that, in different circumstances, it is appropriate to impose different sentences, but expresses concern about a perceived “failure to apply appropriate sentencing principles”.

“It is in the public interest that offenders should be sentenced appropriately in relation to the crime they have committed and that a procedure should be in place for rectifying any inordinately undue leniency in the sentencing outcome,” the LRC paper said.

To protect against abuse, the measure would be subject to approval by the Director of Public Prosecutions. The maximum term of imprisonment for offences in the district court is 12 months, with the option of a consecutive 12- month sentence in some cases.

Commenting on the proposed reforms, Dr Shane Kilcommins, law lecturer at University College Cork said once “undue leniency” was narrowly defined the appeals process is unlikely to be widely used.

“Judges are reluctant to have their discretion curbed unless there is exceptional circumstances,” he said. “I think higher courts are very reluctant to change sentences and as a result not many appeals for undue leniency are coming to court,” he added.

In relation to the Allen case, Dr Kilcommins said had such laws been in place last year, it was possible his sentence could have been re-examined. “Many would say that’s a good thing, but others would express concerns about his civil liberties,” he said.

The LRC paper will be launched tonight by Chief Justice Ronan Keane.